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Patna High Court

Anshu Kumar @ Ansu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Anshu Kumar, was arrested on 3 February 2026 in connection with the alleged recovery of 102 litres of liquor from a bush behind his cowshed, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. He contended that the liquor was not in his conscious possession and the location did not belong to him, arguing that the case was based merely on suspicion. The State opposed his bail application. The court considered the petitioner’s antecedent case, the period of custody, and the lack of direct possession of the liquor. It ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The case remains pending in the trial court.

Issues considered

  • Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act given the circumstances of alleged possession and custody.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • liquor seizure
  • criminal procedure
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40418 of 2026
                 Arising Out of PS. Case No.-228 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Anshu Kumar @ Ansu Kumar S/o Rajaram Bhagat @ Raja Ram Bhagat R/o
                 vill- Chailaha Amwa Tola, P.S.- Banjariya, Distt- East Champaran, Motihari

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar Pradhan
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of Bihar Prohibition and

                   Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and is

                   in custody since 03.02.2026 and allegation is of recovery of 102

                   litres of liquor from a bush situated behind the cowshed of

                   petitioner. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and even alleged recovery is from a place which

                   does not belong to the petitioner but then is adjacent to his

                   cowshed and thus he came to be implicated based on suspicion
             Patna High Court CR. MISC. No.40418 of 2026(2) dt.01-07-2026
                                                         2/2




                       at the instance of local person.

                                     4. Learned A.P.P. opposes the prayer for bail of the

                       petitioner.

                                     5. Considering the submissions made by the learned

                       counsel for the petitioner and taking into consideration the

                       period of custody, the petitioner above-named, is directed to be

                       released on bail on furnishing bail bonds of Rs.5000/- (Rupees

                       five thousand) with two sureties of the like amount each to the

                       satisfaction of the learned trial court where the case is

                       pending/successor court in connection with Raghunathpur P.S.

                       Case No.228 of 2025.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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